Minor Victim’s Testimony Found Reliable: Supreme Court Affirms Himachal Pradesh High Court’s Conviction of Accused for Rape and Unnatural Offences.

Headnote:

The Supreme Court of India dismissed the appeal filed by Varun Kumar @ Sonu challenging his conviction under Sections 363, 366, 376, and 377 IPC by the Himachal Pradesh High Court. The High Court had reversed his acquittal by the Sessions Court, holding that the prosecution had proved the offence beyond reasonable doubt. The appellant contended that the victim’s testimony was unreliable and contradicted medical evidence. The Court rejected this argument, holding that the victim, aged 15, was a sterling witness and her testimony, corroborated by medical evidence, established the occurrence of rape and carnal intercourse. The Bench reiterated that consent is immaterial when the victim is a minor and upheld the conviction and sentence of seven years’ imprisonment with fine.

Background:

FIR No. 88/2007 was registered on 28.02.2007 at Police Station Sadar, Hamirpur, on a complaint by the victim’s uncle alleging kidnapping and sexual assault of a minor girl aged 15 years. The appellant Varun Kumar @ Sonu and co-accused Deepak Rai Verma were charged under Sections 363, 366, 376, 377, 212, and 368 IPC. The Sessions Court, Hamirpur, acquitted both accused on 05.12.2007, holding that inconsistencies in the victim’s testimony and lack of conclusive medical proof warranted benefit of doubt. On appeal, the Himachal Pradesh High Court partly reversed the acquittal on 18.03.2015, convicting Varun Kumar and sentencing him to seven years’ imprisonment and fine of ₹20,000, while acquitting the co-accused. The appellant challenged this conviction before the Supreme Court.

Court Observation/Finding:

The Supreme Court held that the High Court correctly reappreciated evidence and that the victim’s consistent and detailed deposition was credible. The medical evidence corroborated the possibility of recent sexual intercourse and did not negate the prosecution’s case. Since the victim was 15 years old, any consent was legally irrelevant. The Court found no error in the High Court’s reasoning and dismissed the appeal, affirming the conviction and sentence.

Legal Principles:

1. Victim’s testimony, if credible, can sustain conviction without corroboration.
2. Consent immaterial where victim is below 18 years.
3. Appellate interference justified where trial court view is perverse or ignores vital evidence.
4. Medical evidence consistent with possibility of intercourse strengthens prosecution case.

Case Details:

Court: Supreme Court of India

Judges: Hon’ble Mr. Justice Manoj Misra & Hon’ble Mr. Justice Vipul M. Pancholi

Citation: 2025 INSC 1232

Case No.: Criminal Appeal No. 1295 of 2018

Originating Case: State Appeal No. 139 of 2008 (Himachal Pradesh High Court)

Trial Court: Sessions Trial No. 11 of 2007, Sessions Judge, Hamirpur

Acts Invoked: Sections 363, 366, 376, 377, 212, 368 IPC; Section 313 CrPC